§ 1 Scope of the General Terms and Conditions

The following General Terms and Conditions contain the basic rules for the use of the Eventlocation amSee, managed by 24 Event & Services GmbH, Seestraße 3, 04207 Leipzig, represented by the Managing Director (hereinafter referred to as the “Owner” or “Lessor”). In addition, the following General Terms and Conditions apply to all legal transactions and actions similar to legal transactions between the tenant (hereinafter also referred to as “user” and “contractual partner”) and the landlord, including future ones. Terms and conditions of the contractual partner that deviate from the conditions described here shall not apply.

§ 2 Conclusion of a contract

1. the lessor’s terms and conditions apply exclusively to all transactions. The content and scope of the rental transaction shall be governed by the written order confirmation of the Lessor. Deviating or supplementary agreements require the written form and must be confirmed by the Lessor. All offers made by the lessor are non-binding. An order only comes into effect after written confirmation of the order by the Lessor.
2. The rental of the location becomes effective with the written confirmation of both parties and with the down payment in the amount of the location rental. The latter also serves to fix the date, i.e. a claim to the desired date only exists once the hirer has paid the deposit.
3. No claim to the conclusion of a rental agreement can be derived from an offer by the lessor or a date option.

§ 3 Object of rental and use

1. the subject of the rental are the rooms named in the order confirmation with the agreed furnishings. The rented rooms, including their furnishings and accessories, are the property of the lessor and are made available to the lessee only for the agreed purpose and for the duration of the rental period (see § 6). Any other use during the rental period is not permitted.
2. Subletting or other transfer to third parties is not permitted without the express written consent of the landlord.
3. The technical equipment of the rental property may only be operated by the landlord or by persons authorized by him to do so. The use of own electrical devices/equipment using the landlord’s power system requires the prior written consent of the landlord. Should the use of third-party equipment/devices cause faults or damage to the lessor’s technical equipment, these shall be borne by the lessee, unless the lessor is responsible for the faults or damage.
4. The lessor’s prior written consent is required for changes to or in the rented property (including all changes to the furnishings). Such changes shall be at the expense of the tenant. The tenant shall also bear the costs of restoring the property to its original condition. Changes to the rental object include, in particular, presentations, special installations, superstructures in/on the rental object and the attachment of decorations.
5. Any decoration material brought along must comply with fire safety requirements. The lessor is entitled to demand official proof of this. Furthermore, care must be taken to ensure that the decoration material is colorfast and does not damage the Lessor’s inventory. In the event of non-compliance, the hirer will be charged the cleaning or repair costs and/or replacement costs.
6. The hirer is obliged to remove all items, decorations, installations etc. brought to the venue after the event by the agreed handover time. If the Lessee fails to do so, the Lessor may, after giving notice, dispose of these items or have them destroyed at the Lessee’s expense.
7. If the Lessee commissions third parties to work on the rented property, he is obliged to inform the Lessor of this in good time before the start of the rental period. In addition, the Lessee is obliged to ensure that all service providers commissioned by it coordinate their activities in/on the rented property with the Lessor in good time before the rental period. Such activities include, in particular, the delivery and assembly/dismantling of materials, structural or technical requirements/modifications and storage facilities for third-party materials.

§ 4 Services & rental prices

1. the landlord is obliged to provide the agreed services. He is also entitled to provide partial services and to invoice these separately. The Lessee is obliged to pay the agreed prices for these services to the Lessor on time and without deduction. This also applies to services and expenses incurred by the Lessor to third parties in connection with the contract. The prices quoted are only valid for an undivided order.
2. The rental prices in the latest price list apply. The rental prices quoted are net prices excluding VAT.
3. The prices quoted are valid for one event day.

§ 5 Payment, due date

1. together with the order confirmation, the tenant receives a down payment invoice in the amount of the location rent. This down payment serves to fix the date. The remaining amount is usually split into two installments, unless otherwise agreed in writing.
2. Unless otherwise agreed, invoice amounts are due immediately upon receipt of the invoice. The lessor also reserves the right to demand payment in advance. A deviation from this provision may be granted by the Lessor in advance and in exceptional cases and shall only apply if a corresponding written order confirmation has been issued.
3. No interest shall be charged on down payments and advances.
4. In the event of late payment, the Lessor shall be entitled to charge interest on arrears in accordance with the statutory provisions of Section 288 BGB. The right to claim further damages remains reserved. Furthermore, the Lessor may withdraw from the contract if the Lessee fails to make payment on time. In this case, the tenant is not entitled to compensation.

§ 6 Rental period

1. the rental property is only made available to the tenant for the agreed period. If an extension of the rental period is desired, this must be checked by the Lessor and confirmed in writing by the Lessor in advance.
2. If the Lessor suffers financial loss due to late handover of the rental property, this will be charged to the Lessee. The Lessor reserves the right to charge the Lessee additional costs amounting to 20% of the order value if the handover date is not met.

§ 7 Deposit

The lessor reserves the right to charge a deposit of 25% of the rental price for the event room(s). If the rented property is returned or handed over correctly, the deposit will be refunded to the Hirer as soon as possible.

§ 8 Right of withdrawal of the landlord

1. the lessor is entitled to withdraw from the contract for objectively justified reasons. Such a reason exists in particular if the contractually agreed service cannot be performed due to force majeure (e.g. severe weather, flooding, power failure, accident) or due to bad weather (for outdoor events). Other reasons for which the lessor is not responsible may also make it impossible to fulfill the contract. This includes, in particular, if events are booked under false or misleading statements of material facts (e.g. the purpose or the organizer) or if the lessor has reasonable grounds to believe that the event may jeopardize the business operations, safety or public reputation of the lessor or the rental property without this being attributable to the lessor’s organizational area.
2.The Lessor must inform the contractual partner immediately before exercising his right of withdrawal and reimburse the contractual partner’s counter-performance.
3. Instead of withdrawing from the contract, the Lessor may agree an alternative date with the contractual partner. Any additional costs incurred as a result, in particular for services already rendered by the Lessor, shall be borne by the Lessee. In addition, each party shall bear the costs arising from the alternative date itself.
4. In addition, the tenant shall have no claim for damages against the landlord unless the landlord or one of his legal representatives or vicarious agents has acted with intent or gross negligence.

§ 9 Right of the tenant to withdraw from the rental agreement, cancellation

1. the lessee/organizer is entitled to withdraw from this contract in writing up to 7 days before the agreed start of the service.
2. if the lessee/organizer withdraws, the lessor is entitled to charge the agreed rent and the booked services, provided that it is impossible to re-let the property in accordance with the general duty to mitigate damages.
3The Lessee is obliged to pay in full for all third-party services commissioned via the Lessor (e.g. event tools, artists), irrespective of the time of withdrawal.
4. In the event of withdrawal by the Lessee, the Lessor is entitled to demand the following amounts:

• in the event of withdrawal/cancellation up to 42 days before the start of the service: 30 % of the agreed remuneration
• in the event of withdrawal/cancellation up to 30 days before the start of the service: 40% of the agreed remuneration
• in the event of withdrawal/cancellation up to 15 days before the start of the service: 60% of the agreed remuneration
• in the event of withdrawal/cancellation up to 7 days before the start of the service: 90 % of the agreed remuneration.

In the event of a later cancellation from 6 days before the start of the service, the contractually agreed remuneration must be reimbursed in full. Please note that the lessor must sometimes make use of the services and/or resources of other companies and is therefore also dependent on their cancellation conditions.
5. The time at which a cancellation is received by the lessor is decisive.
6. “Agreed remuneration” in these GTC means the prices calculated at the time the contract was concluded, unless these have changed in the meantime as agreed – e.g. due to a number of participants that differs from the number of participants on which the contract was based when the contract was concluded. In this case, the order value shall be determined according to the prices that apply at the time of cancellation in accordance with the agreements made with the lessee and the provisions of these GTC.
7. If there is a ban on events in Saxony on the agreed event date, the event may be postponed free of charge. According to the BGH ruling of 2 March 2022 – XII ZR 36/21, the landlord is obliged to offer the organizer/tenant one or more alternative dates. If the organizer/tenant decides against the postponement and withdraws from the contract or gives extraordinary notice of termination, the landlord is entitled to withhold the rental payments. Third-party services commissioned by the lessor for the event and already provided in full or in part at the time of cancellation, as well as any cancellation fees incurred by these service providers, shall be charged separately.
8. Third-party services: If the lessee makes a partial withdrawal and cancels third-party services that are part of the order or the signed offer (e.g. entertainment offers), the cancellation provisions of the respective service provider shall apply. These can be found in the offer/order of the service provider.

§ 10 Change in the number of guests

1. the tenant undertakes to inform the landlord of the final number of guests as early as possible, but no later than 14 days before the event, unless otherwise agreed in writing.
2. if the tenant changes the number of guests, this will affect the agreed final price. If the hirer has already paid the total price based on the original number of guests, the landlord shall issue a subsequent invoice and, if necessary, refund any amounts paid in excess. If the tenant has only paid part of the total amount by the time the number of guests is changed, the landlord shall offset the difference resulting from the change in the number of guests against the remaining amount and issue a new invoice.
3. An increase in the number of guests is only possible up to the permissible total occupancy of the booked rental space.
4. A reduction in the number of guests is possible unless the landlord’s offer contains wording to the contrary. If a reduction in the number of guests is not excluded, the customer may reduce the number of guests by a maximum of 10 percent after accepting the offer. If the landlord expressly refers to a minimum number of guests for an event concept in his offer, this must be adhered to. If the hirer nevertheless wishes to reduce the guest list and thereby falls below the required minimum number of guests, the hirer is entitled to charge for the lost turnover.
5. Special events such as the annual school enrolment party are an exception to the conditions explained under 10.1 – 10.4. As a rule, a deadline of 30 days prior to the event applies for the deregistration of guests. If guests cancel after this deadline, any fees already paid will not be refunded. Further information on this can be found in the offer or order confirmation.
6. If special official regulations limiting the number of guests for events apply on the date of the event, the organizer must comply with these. Events that take place in the relevant period and were planned with more guests than the number of guests stipulated by the relevant authorities must be reduced to the permitted maximum number of guests.

§ 11 Obligations of the tenant | Liability

1. the lessee assumes the duty to ensure public safety for the premises and grounds made available to him. He shall indemnify the lessor against any liability arising from a breach of the duty to ensure public safety.
2. The lessee is responsible for the feasibility of the event. He must ensure that the premises and areas provided are approved and suitable for holding the planned event. This includes, in particular, the Lessee’s obligation to obtain any necessary permits. It is the responsibility of the contractual partner to secure all routes, areas and facilities against general hazards and to exclude sources of danger.
3. The tenant is obliged to obtain all public law permits required for his event or the rental purpose or, if applicable, to make any necessary tax registrations
. Registration and payment of any fees incurred, e.g. GEMA and Künstlersozialkasse, are the responsibility of the Lessee. The tenant is obliged to observe the building and fire safety regulations and to comply with all other regulatory measures.
4. The tenant or organizer must ensure that the participants of the events are of legal age or accompanied by a person with parental authority, if this is required by law. The organizer, not the location landlord, is fully responsible for checking the age of the guests.
5. The tenant is obliged to pay for all components (e.g. catering, team events) ordered in advance and provided by the location or a contracted service provider. The actual utilization is not relevant.

§ Section 12 Liability of the tenant for surrender of the rented property

1. the tenant is obliged to treat the landlord’s property with care. The premises and their inventory shall be deemed to have been accepted in perfect condition unless any defects were expressly reported at the time of handover.
2. The tenant must accept responsibility for the conduct of third parties who are present in the rented premises with his consent.
3. The tenant shall bear the risk of the event, including its preparation and handling. In particular, the Hirer shall be liable for all personal injury and damage to property (in particular to the rented property and inventory) caused by him, his employees, legal representatives, agents or guests in connection with the event on the rented property. The Lessee shall indemnify the Lessor against any claims for damages that may be asserted against the Lessor in connection with the event.
4. The Lessee is obliged to take out adequate liability insurance, the existence of which must be proven to the Lessor upon request. In addition, the lessor may require the lessee to provide further appropriate security, for example in the form of additional insurance, deposits or guarantees.
5. Parking on Seestraße is prohibited, as this is an escape route that must be kept clear for emergency vehicles. Guests of the location may only park in the paid visitor parking lot on Seestraße. The tenant is obliged to inform his guests of the parking ban on Seestraße. If illegally parked vehicles are towed away, the lessor cannot be held liable for this.
6. The use of confetti and other small decorations is not permitted, as these cause considerable cleaning effort. The tenant is obliged to inform his guests accordingly.
In the event of non-compliance, the tenant must ensure that the affected areas are cleaned without residue immediately after the event. If the area is not completely cleaned immediately after the event, the landlord will charge the tenant for the costs of cleaning and waste removal.
7. Throwing crockery or other breakable objects is only permitted in exceptional cases and only after prior consultation with the landlord. Permission to rumble is granted subject to the following conditions:
6.1 Allocation of the area: Rumbling may only take place on an area designated in advance by the landlord.
6.2 Use of a tarpaulin: A suitable tarpaulin must be placed underneath to protect the floor.
6.3 Cleaning after poling: Immediately after poling, all broken glass and residues must be completely collected and removed.
If the allocated area is not cleaned without residue, the landlord will charge the tenant for the costs of the necessary cleaning and waste removal.

§ 13 Bringing dogs

1. the tenant may bring his dog to the event by prior arrangement. This applies in particular to assistance dogs and guide dogs for the blind. The owner of the animal or the supervisor on the day of the event must ensure that the animal is kept on a lead and cannot come into contact with food for reasons of hygiene. The owner is solely liable for any damage to persons or the rented property caused by the animal. If the animal causes soiling on the event site, this will be removed at the owner’s expense.
2. The organizer may prohibit the bringing of animals to certain events (e.g. school enrolment ceremonies and other large events) for safety reasons. This does not apply to guide dogs and assistance dogs.

§ 14 Loss of or damage to items carried

Any items carried are at the risk of the contractual partner in the rooms or on the event site. The lessor accepts no liability for loss or damage unless he or one of his legal representatives or vicarious agents can be accused of intent or gross negligence.

§ 15 Intermediary services, liability of third parties

1. the lessor shall not be liable for disruptions to services and damages in connection with services provided by third parties which the lessor has not commissioned in its own name and for its own account.
2. the lessor shall not be liable for disruptions to services and damages in connection with third-party services which are merely brokered and or which are expressly identified as third-party services in the invitation to tender.
3. if the contractual partner is unable to provide the service incumbent upon it in the case of a brokerage transaction, the lessor shall be indemnified by the contractual partner against all claims of the respective third party.

§ 16 Domestic authority | Noise protection

1. the landlord retains domiciliary rights in all rented premises. He is entitled to enter the premises himself or have them entered by authorized persons at any time.
2. The tenant must comply with the existing house rules and all official orders and regulations and shall ensure that they are observed by all those involved in the event. This also applies, among other things, to the statutory night-time rest period between 10 p.m. and 6 a.m.

§ 17 Cancellation of the event

The lessor is entitled to cancel an event. This applies in particular if
1. due to force majeure (e.g. weather events such as storms, heavy rain, thunderstorms, but also fire/fire) a safe execution of the event can no longer be guaranteed and
2. Guests blatantly violate the house rules, essential contractual obligations, the safety regulations attached to the contract, statutory regulations or official orders and do not cease doing so even after being requested to desist by the landlord or his authorized representative(s).
Cancellation of the event does not entitle the tenant to a refund of any advance payments/fees already paid. The hirer shall remain obliged to pay the full fee.

§ 18 Additional charge for later closing time of the event | Staff & beverage flat rate

1. if the agreed end of the event is postponed through no fault of the landlord, the landlord is entitled to charge the tenant for the additional personnel costs incurred as a result.
2. unless otherwise agreed, the landlord shall charge the tenant a flat-rate beverage fee for the event. The amount of the flat rate depends on the planned duration of the event and is specified in the offer or contract. If the event lasts longer than originally planned through no fault of the lessor, the lessor reserves the right to charge the lump sum for drinks or to invoice additional drinks individually.

§ 19 Copyright, illustrations and photos

1. the lessor reserves the right to take and use photos and videos of the event for marketing purposes to the extent customary in the industry (e.g. internet presence, social media, brochures).
2. depending on the agreement with the lessee, persons and brands will not be photographed or will be made unrecognizable if the photographic material is published.
3. the lessee allows the lessor to name the event, its date and those involved in it (if necessary only after completion of the production) as part of self-promotion.

§ 20 Data protection

1. personal data of the tenant is stored by the landlord. All information for the clear identification of a company or person, as well as all information for making contact is included. The data is used to process the contracts and inquiries concluded with the tenant. In addition, the collected data is used for the purpose of central data processing and for the transmission of offers and information (advertising) about new goods and services.
2. The tenant agrees to the forwarding of the data provided to debt collection agencies, lawyers and credit agencies in order to be used to process his orders.
3. If the tenant/prospective tenant does not agree to the storage of his data or wishes it to be changed or deleted, he can inform the landlord of this by e-mail to kontakt@amsee-leipzig.de or by telephone on 0341 24250340. Further information on data protection is provided by the landlord in his privacy policy.

§ 21 Price changes

The landlord is entitled to adjust the prices of its rented premises and goods as well as the services offered, provided that changing market conditions make this necessary. This includes, for example, significant changes in procurement costs and changes in VAT. In the event of price increases that are significantly higher than the regular increase in the cost of living, the tenant has the right to terminate the lease. In such cases, the landlord will inform the tenant of this in text form.

§ 22 Cancellation and changes to events

1. the landlord is entitled to subsequently change the venue, the date and time (start and end of the event) for self-organized events such as school enrolment parties, New Year’s Eve parties, etc., if this is necessary for reasons that arise after the conclusion of the contract and are absolutely relevant to the implementation. The tenant or customer will be informed of such changes in good time. If the postponement is due to external circumstances for which the lessor is not responsible, the lessee has the right to withdraw from the contract within seven days of receipt of the specific new event time. If the withdrawal is not made within this period, the contract shall be deemed to have been transferred to the new time. If the Lessor is responsible for the circumstances of the postponement, the contract shall only be transferred to the new time with the express consent of the Lessee.
2. The Lessor has the right to postpone or cancel an event that it has organized itself (e.g. school enrolment party, New Year’s Eve party) for reasons for which it is not responsible (e.g. insufficient number of participants, force majeure). The hirer will be informed of this using the contact details given in their registration. In the event of cancellation, any participation fee already paid will be refunded. The same applies in the event that the hirer is unable to attend a subsequent date for the event. Any other claims on the part of the participant are excluded. The lessor reserves the right to change participants such as show acts or to change the course of the event. The participant cannot derive any claims from this, e.g. withdrawal from the contract or reduction of the participation fee.

§ 23 Changes to the services and the General Terms and Conditions

1. the lessor has the right to change the service description and the general terms and conditions and other conditions relevant to the contract. The lessor will only make these changes for valid reasons, in particular due to new technical developments, new functions, changes in case law or other equivalent reasons. Changes to the general terms and conditions require the consent of the lessee. The tenant shall be notified in text form of the planned changes to the services and general terms and conditions at least four weeks before they come into effect. The tenant’s consent to the amendment of the services and general terms and conditions shall be deemed to have been given if the tenant does not object to the amendment in text form within two weeks of notification of the amendment. The landlord undertakes to point out the possibility of objection, the deadline for objection and the text requirement in the notification of change. The landlord shall also draw the tenant’s attention to the significance and consequences of failing to object.
2. If the tenant objects to the amendment to the General Terms and Conditions or the services in due time and form, the contractual relationship shall continue under the previous conditions. In this case, the landlord reserves the right to terminate the contractual relationship.

§ Section 24 Applicable law, place of jurisdiction

1. the contractual relationships of the contracting parties are subject to the law of the Federal Republic of Germany.
2. to the extent permitted by law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Leipzig.

§ 25 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO & § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 26 Final provisions of the General Terms and Conditions

1. the landlord is entitled to use other companies to fulfill the contractual obligations. This procedure does not require the consent of the tenant. The lessee agrees in advance that rights and claims arising from this contract may be transferred by the lessor to a third party.
2. Should one of the provisions of these general terms and conditions be invalid or partially invalid, the validity of the remaining provisions shall remain unaffected. In this case, an ineffective or partially ineffective provision shall be replaced by a provision that comes closest to the original in economic terms.

Leipzig, January 20, 2022